"And we, as a Circuit Attorney, should not be disqualified in handling the underlying criminal case, to pursue criminal charges on that individual involved in that incident, as well as investigate whether the shooting of that individual was justified or unjustified."

Gardner says a lot has changed after Michael Brown's shooting in Ferguson.

"The biggest issue is we have to look at how officer-involved shooting cases are investigated. That is a complex issue as well as spurring national debate how anyone is held accountable in these instances."

The high court ruling came after a local judge had disqualified Gardner's office from a criminal case saying it had "the appearance of impropriety" for her to both investigate the officer and prosecute the defendant he had shot.